New SIDBI Grade A New Batch Starts on Nov 18

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    Question

    A, a surgeon, in good faith, communicates to a patient his opinion that he cannot live. The patient dies in consequence of the shock. He had knowledge of the mental state of patient and that the communication might cause the patient's death.

     

    A A has committed an offence as his communication was likely to cause death Correct Answer Incorrect Answer
    B A has committed culpable homicide as he had the knowledge that his communication might cause the patient’s death Correct Answer Incorrect Answer
    C the communication might cause patient’s death is foreseeable so doctor is liable for negligence. Correct Answer Incorrect Answer
    D A has committed no offence, though he knew it to be likely that the communication might cause the patient's death. Correct Answer Incorrect Answer

    Solution

    As per S. 93 . Communication made in good faith .—No communication made in good faith is an offence by reason of any harm to the person to whom it is made, if it is made for the benefit of that person. A, a surgeon, in good faith, communicates to a patient his opinion that he cannot live. The patient dies in consequence of the shock. A has committed no offence, though he knew it to be likely that the communication might cause the patient's death.

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